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R1 visa is applicable to foreigners who enter the US for performing religious work in a professional capacity for a period not exceeding 5 years.
How to Apply For R1 Visa:
Where an application is made from outside the US then it should be submitted to the US consulate in the foreign country after the petition has been approved by the USCIS. Where it is made from within the US no visa is required except in cases where you intend to travel from and to the US. A petition for change of status is filed by the organization.
The petition is required to be filed at least 45 days and not more than 180 days from the date of employment.
The religious organization is expected to file a written declaration that the foreigner has satisfactorily complied with the requirement of membership with the organization for a minimum of two years, is qualified for the position, job description and place of work clearly mentioned, pay and accommodation facilities for the foreigner have been arranged. Sufficient evidence to prove that it is a non profit organization and that it is exempted from paying tax should also be submitted.
Eligibility For R1 Visa:
A foreign national becomes eligible to apply for r1 visa provided the following conditions are satisfied:
- You are a member of the religious group which has an established organization in the US at least 2 years before the application is made
- You are either a minister of religion or a professional religious worker or someone who is involved in a religious occupation.
- Payments for services rendered should be received only from the religious organization.
- You do not suffer from any ineligibility under sec 212 of the Immigration and Nationality Act.
Length of Stay and Extension For R1 Visa Holders:
The length of stay is for a period of three years initially for R1 visa holders. Extension of stay is granted for a period of 2 years for R1 visa holders. Hence the maximum period of stay should not exceed 5 years. There is no travel restriction under R1 visa. You can also engage in a full time study.
R1 Visa Holders Whether Qualified to Apply for other Visas & Citizenship:
R1 Visa holders are qualified to make an application for a Green Card. A special immigration application followed by an application for adjustment of status is filed. You are also allowed to bring your dependents under the R2 visa. Dependents under R2 visa cannot work but they can engage in full time study.
In which case your R1 Visa Application will be Rejected:
Under the following circumstances your R1 visa application is likely to be rejected:
- If the consular officer has sufficient reason to believe that you are not eligible as per sec 212 of the Immigration and Nationality Act your visa application is rejected.
- Timelines are not met.
- The organization fails to satisfy the condition of non profitability.
- If you do not satisfied the membership requirement.
- Where the primary intention of travel is not for a religious reasons.
Conclusion of R1 Visa:
A visa is granted as long as there is religious factor attached to the proposed job. |
